News

Murphy, Hesse, Toomey & Lehane, LLP Partner Presents for an IFEBP Live Event

 

 

On April 29, 2021, the International Foundation of Employee Benefit Plans hosted a live event titled “American Rescue Plan Act: COBRA Premium Assistance Provisions”. Katherine Hesse, a partner at Murphy, Hesse, Toomey & Lehane, LLP, and longtime member of the IFEBP, was the speaker. Ms. Hesse has published several articles and presented numerous times on the subject of COBRA. During this presentation, Katherine described the new premium subsidies and the required notices related to it. She also gave the background and basics of COBRA and noted how the American Rescue Plan Act only affects some of COBRA, while the rest remains intact. Ms. Hesse went into detail on the “hot button” COBRA notice issues and gave several tips on how to avoid litigation. She outlines the common allegations, defenses, and rulings in potential class action lawsuits.

 

Ms. Hesse practices primarily in labor, employment and employee benefits law. She serves as counsel to Fortune 500 companies, emerging businesses, government, tax-exempt organizations and large Taft-Hartley and governmental trusts. She advises clients on employment and benefits issues, and has litigated employment and benefits cases before state and federal trial and appellate courts, administrative agencies and arbitrators. She led her team of attorneys to be named the only firm in New England and one of only 11 in the United States to the special ERISA fiduciary litigation panel for one of the world’s largest insurance companies. She serves on the Board of Directors of the International Foundation and as Chair of its Government Liaison Committee. Ms. Hesse, a CEBS Compliant ISCEBS Fellow, was inducted into the new ISCEBS Hall of Fame in 2018. She received her B.A. degree from Smith College and her J.D. degree from the Boston University School of Law.

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Legal Updates

The Supreme Court Blocks OSHA Vaccination and Testing Requirements but Upholds HHS Vaccination Requirements

On January 13, 2022, the United States Supreme Court issued a “stay” that prevents OSHA’s Emergency Temporary Standard (“ETS”) from taking effect for the time being. On the same day, the Supreme Court also issued a “stay” that allows the Health and Human Services (“HHS”) mandatory COVID-19 vaccination rule for all Medicare and Medicaid funded facilities to go into effect. Given that both of these rulings involved applications for preliminary or emergency relief, neither of them represents the final word on the enforceability of the vaccine and/or testing mandates, and additional litigation is a certainty as the lower courts further evaluate the legality of the mandates.

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